fyi Carol Van Buren _____ TOWN OF MINISINK CULTURAL RESOURCES MANAGEMENT LAW Legislative Findings: The Town of Minisink, by and through the Town Board, hereby finds and declares that recognizing the unique historical and archeological artifacts, sites and features within the Town to preserve such artifacts for future generations is in furtherance of our fundamental duty to protect the welfare of the people of the Town of Minisink. The Town therefore enacts this Act in an effort to manage and maintain the cultural and historical significance within the Town. Section 1. Definitions. For the purposes of this law, the following terms shall have the following meaning: A) "Cultural Resources" shall mean and include archaeological sites and historic resources. B) "Artifacts" shall mean objects, specimens, and other physical evidence that are excavated or removed in connection with efforts to locate, evaluate, document, study, preserve or recover prehistoric or historic resources. C) "Archaeological Site" shall mean any location that contains artifacts, and/or structural or landscape features resulting from human use. D) "Historic Resources" shall mean and include any building or landscape determined by the Town Historian to be historically significant or otherwise listed on a list of historic places maintained by the State of New York or the United States of America or any agency or assignee thereof. E) "Significance" shall mean any cultural resource that is determined to have value in representing or furthering the understanding of the Town's historical (including prehistoric) heritage. F) "Burial Sites" shall mean sites where human remains are buried. G) "Phase 1 Cultural Resource Investigation" shall mean a Phase 1 investigation by a Certified Registered Archeologist will be the first step in determining whether a proposed project contains any potentially significant cultural resources. Specific tasks include Phase 1A (literature and document review and sensitivity assessment) and Phase 1B (field investigations). For the purposes of this Law, the term "Certified Registered Archeologist" shall mean: The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely related field plus: (1) At least one year of full-time professional experience or equivalent specialized training in archeological research, administration or management; (2) At least four months of supervised field and analytic experience in general North American archeology; and (3) Demonstrated ability to carry research to completion. In addition, to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the prehistoric period. A professional in historic archeology shall have at least one year of full-time professional experience at a supervisory level in the study of archeological resources of the historic period. (1) "Phase 1A Literature Review and Sensitivity Assessment" shall mean Phase 1A investigations are intended to gather information concerning the environmental/physical setting of a specific project area as well as its cultural setting. It is the interrelationship of the physical environment and cultural/historical setting that provides the basis for the sensitivity assessment. (2) "Phase 1B Field Investigation" shall mean appropriate field investigations comprising a systematic, on-site field inspection designed to assess archaeologically sensitive areas and environmental characteristics relevant to site locations and formation processes. Such investigation may include: (a) Systematic Surface Survey (b) Subsurface Testing (c) Remote Sensing (d) Laboratory Processing (e) Report H) "Phase 2 Site Evaluation" shall mean an evaluation involving additional research, which may include excavation, to collect the data necessary for evaluating a site's data potential and research significance. A Phase 2 evaluation obtains detailed data on the boundaries, age, function, integrity, and significance in support of data which may be used to make a recommendation for listing on a list of historic places maintained by the State of New York or the United States of America or any agency or assignee thereof. I) "Phase 3 Mitigation Act" shall mean a process which lessens the impacts on a site or historic structure. It shall not authorize a taking of the property. Section 2. Determination. A) Planning Board. Prior to granting site plan approval or any other approval the Planning Board shall make an on the Record finding whether the property is likely to contain Cultural Resources. If such Board finds in the affirmative, it shall order a phase 1A Cultural Resource Investigation. A recommendation from the Town Historian that the property is likely to contain Cultural Resources shall create a rebuttable presumption that the property contains cultural resources. If such a phase 1A Cultural Resource Investigation is required, the Planning Board shall review the results of such Investigation and determine whether a Phase 1B Field Investigation shall be required. Upon reviewing findings of such study or studies, the Planning Board may order a Site Evaluation Phase 2 Study and subsequently, if deemed necessary after reviewing the Site Evaluation Phase 2 Study, a Phase 3 Mitigation act. Upon acceptance of the study and process results, the Planning Board shall notify the Building Inspector of such acceptance. In no way does this act authorize the Planning Board to commence condemnation proceedings or effect a condemnation or taking of the property, real or personal. Section 3. Burial Sites. Burial sites (i.e. human remains) shall be subject to both this law and to the Town of Minisink's cemetery law. Section 4. Violations. Any violation of the Town of Minisink Cultural Resources Management Law shall be punishable by a fine of not more than $500 per day. An appearance ticket or citation shall be issued by the Town Building Inspector or other authorized individual. In addition, unless otherwise required by law, no permit shall be issued or approval granted with respect to the property while the property is determined to be in violation of this Law by the Building Inspector or Court of Competent Jurisdiction. Any disturbance, removal, concealment of cultural resources to circumvent the application of this law shall be deemed a violation also. Section 5. Separability. If any word, phrase, sentence, section, paragraph, subdivision or provision of this Law shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Law as a whole or any part or provision thereof other than the part as declared to be invalid or unconstitutional. Section 6. Effective date. This Local Law shall take effect upon filing with the New York State Secretary of State. Amendment Adopted: June 9, 2004.